Standardised PPT on GST Indirect Taxes Committee The Institute of Chartered Accountants of India

Disclaimer and Copy right This presentation has been prepared to provide a standard ‘user presentation’. The views expressed in this presentation are those of Speaker(s). The Institute of Chartered Accountants of India may not necessarily subscribe to the views expressed by the speaker(s). The information cited in this presentation has been drawn from various sources. While every efforts have been made to keep the information cited in this presentation error free, the Institute or any office do not take the responsibility for any typographical or clerical error which may have crept in while compiling the information provided in this presentation. Further, the information provided in this presentation are subject to the provisions contained under different acts and members are advised to refer to those relevant provision also. For clarifications write to us at idtc@icai.in © The Institute of Chartered Accountants of India This standardised PPT may be used by any person with due acknowledgement to the Indirect Taxes Committee of ICAI. © Indirect Taxes Committee, ICAI

Registration © Indirect Taxes Committee, ICAI

Registration Structure under GST – Sec 22 Three Acts applicable on every Person under GST – Central GST Act, (State) GST Act or (Union Territory) GST Act, Integrated GST Act. Registrations required by every person Simultaneous registration under CGST, SGST/ UTGST and IGST Separate registration required for each State Total possible registrations for one PAN Possible separate registrations for each business vertical within a State as defined u/s 2(18) Single GSTIN Registration under SGST Registration under CGST Registration under IGST States + UTs 29+2 Business Verticals N © Indirect Taxes Committee, ICAI

Registration Structure under GST – Sec 25 PAN based Registration: PAN will be mandatory (except for Non-Resident / UN agencies) Place of Registration - “from where” Supplier makes a taxable supply of goods or services or both Provision for Voluntary Registration Central / State Government specify persons exempted from obtaining registration Auto generation of provisional registration for existing assessee based on enrolment Proper officer has powers for suo moto registrations in case of unregistered persons State Code PAN Business Vertical X Blank Check-sum © Indirect Taxes Committee, ICAI

Registration Process Verification Application Approval /Rejection Form GST Reg-01 Part A (PAN, e-Mail, Mobile Verification) Part B (Other details) Ack. Form GSTReg-02 Submit the relevant docs Application Verification Approval within 3 working days If satisfactory clarifications received– approval shall be given in next 7 days If clarifications not satisfactory- intimate the rejection in Form GST REG-05 Deemed registration--No action taken within 3/7 working days Approval /Rejection Initial verification within 3 working days Clarifications/info required –Form GST Reg-03 Applicant furnish clarifications in Form GST Reg-04 within next 7 working day 17 days Process Said process applicable to Inter-state, Voluntary, Casual, Reverse Charge, ISD, Agents, E-com Registration Certificate is Issued in Form GST Reg-06 © Indirect Taxes Committee, ICAI

Process to obtain Registration – Sec 25 Application to be filed online in each State within 30 days Application can also be filed through TRP or FC Scanned documents to be attached Status of the Application – Acceptance / Query Rejection only after giving opportunity of being heard Rejection of Application under CGST will be a deemed rejection under SGST and vice-versa Deemed Approval, if no query © Indirect Taxes Committee, ICAI

Registration Special Provisions Failure to Register If person newly applying for registration fails to apply for registration within 30 days from the date on which he becomes liable to registration – ITC credit in respect of goods held in stock or contained in finished or semi-finished goods held in stock will not be available. Casual Taxable Person Person who occasionally undertakes transactions involving supply of goods and / or services in the course or furtherance of business, in a taxable territory where he has no fixed place of business. © Indirect Taxes Committee, ICAI

Registration Provisions, Non-Resident Taxable Person – Sec 27 Person who occasionally, undertakes transactions involving supply of goods and services, and who has no fixed place of business in India. Time period Certificate of Registration issued to such persons shall be valid only for a period of 90 Days. [Can be extended maximum by further 90 days] Advance Deposit They shall be required to make advance deposit of estimated tax liability net tax at the time of registration and additional deposit of tax in case of extension. © Indirect Taxes Committee, ICAI

Amendment in Registration – Sec 28 Any change in registration has to be informed within 15 days of change Proper officer may approve / reject amendment No rejection without giving an opportunity of being heard Rejection of amendment under CGST will be a deemed rejection under SGST and vice-a-versa © Indirect Taxes Committee, ICAI

Cancellation of Registration – Sec 29 Reasons for cancellation Transfer of business or discontinuation of business Change in the constitution of business. (Partnership Firm may be changed to Sole Proprietorship due to death of one of the two partners, leading to change in PAN ) Persons no longer liable to be registered under Section 22 and 24 (Except when he is voluntarily registered) Where registered taxable person has contravened provisions of the Act as may be prescribed A composition supplier has not furnished returns for 3 consecutive tax periods/ any other person has not furnished returns for a continuous period of 6 months Non-commencement of business within 6 months from date of registration by a person who has registered voluntarily. Where registration has been obtained by means of fraud, willful statement or suppression of facts, the registration may be cancelled with retrospective effect. © Indirect Taxes Committee, ICAI

Cancellation of Registration – Sec 29 Cancellation can be done by Proper Officer suo motu or on application made by the registered taxable person; Retrospective cancellation in case of fraud, wilful misstatement or suppression of fact; Liability to pay tax before the date of cancellation will not be affected; Cancellation under CGST Act will be deemed cancellation under SGST Act and vice-versa; Substantial penalty in case registration obtained with fraudulent intentions; Notice of hearing and opportunity of being heard is a MUST before cancellation; Application for revocation or cancellation of registration shall be made within 30 days of date of service of cancellation order (Sec 30); Revocation of cancellation under CGST will be a deemed revocation under SGST and vice-a-versa; © Indirect Taxes Committee, ICAI

Cancellation of Registration – Sec 29 SL No Form No Title of the Form 1 GST-REG-01 Application for registration 2 GST-REG-02 Acknowledgement 3 GST-REG-03 Notice Seeking Additional information/ clarification/ documents relating to application for registration / amendment / cancellation 4 GST-REG-04 Furnishing clarification sought in GST REG03 5 GST-REG-05 Order of rejection of Application 6 GST-REG-06 Registration Certificate issued © Indirect Taxes Committee, ICAI

Cancellation of Registration – Sec 29 SL No Form No Title of the Form 7 GST-REG-07 Application for Regn of Tax Deductor / Tax Collected at source 8 GST-REG-08 Order of cancellation of registration as Tax deductor or Tax collector at source 9 GST-REG-09 Application for Registration for Non Resident Taxable person 9A GST- REG-9A Application for registration for OIDRS by Non Resident Taxable person 10 GST-REG-10 Application for extension in period of causal taxable person or non resident taxable person 11 GST-REG-11 Temporary Suo Moto Registration 12 GST-REG-12 Application to grant UID © Indirect Taxes Committee, ICAI

Thank You For any Clarification, Please Contact Indirect Taxes Committee of ICAI Email: idtc@icai.in, Website: www.idtc.icai.org © Indirect Taxes Committee, ICAI